McCurdy v. Kernan et al

Filing 77

ORDER VACATING and RESCHEDULING Trial Date signed by Magistrate Judge Stanley A. Boone on 12/7/2020. Jury Trial set for 5/4/2021 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Motion in Limine Hearing (Remotely) set for 2/26/2021 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES C. McCURDY,

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Plaintiff,

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v.
S. KERNAN, et al.,

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Defendants.

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Case No.: 1:17-cv-01356-NONE-SAB (PC)
ORDER VACATING AND RESCHEDULING
TRIAL DATE
Trial Date: May 4, 2021
Motion in Limine Hearing: February 26, 2021

Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On December 4, 2020, the undersigned held a status conference to discuss the trial dates set in

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this matter after both parties consented to Magistrate Judge jurisdiction. Plaintiff appeared pro se and

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Deputy Attorney General Bryon Miller appeared on behalf of Defendants.

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This case was previously set for jury trial on March 16, 2021, before the District Judge.

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On the basis of good cause and the for the reasons explained at the hearing, it is HEREBY

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ORDERED that:

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date are VACATED;

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The January 28, 2021 telephonic trial confirmation hearing and March 16, 2021 trial

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The matter is set for jury trial before the undersigned on May 4, 2021, at 8:30 a.m., in
Courtroom 9;
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Motions in limine shall be filed on or before January 29, 2021;

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Oppositions to motions in limine shall be filed on or before February 19, 2021;

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A remote motion in limine hearing is set for February 26, 2021, at 8:30 a.m. Counsel

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for Defendants shall appear by video at the hearing and shall arrange for participation

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of Plaintiff by telephone. Counsel for Defendants shall contact Courtroom Deputy,

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Mamie Hernandez, at [phone] or [e-mail] for the video

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and dial-in information;
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Defendants’ opposition to Plaintiff’s motion for incarcerated witnesses is due
December 11, 2020, and Defendants’ pretrial statement is due December 28, 2020; and

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6.

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As stated at the December 4, 2020 hearing, the parties are free to discuss and negotiate

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a settlement and may request referral to a Magistrate Judge for a formal conference if

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so desired.

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IT IS SO ORDERED.

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Dated:

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December 7, 2020
UNITED STATES MAGISTRATE JUDGE

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